Thus, continuing the illustration started above, suppose that B, C, D, E, F, G, H, and I go to take the head of A’s enemy and theirs. They meet O, a co-villager of Z, the man whose head they want to take, and ask him regarding Z’s whereabouts. The fact could not be otherwise than patent to O, that a head-hunting party was addressing him. He answers truthfully that Z is in his sweet potato field, and that the party may reach the field by such and such by-path without their being seen by Z’s kin or co-villagers. The party follows O’s directions. B spears Z.
B is the tombok; C, D, E, F, G, H, and I are the “companions of the one who was strong,” and O is the montudol.
81. Servants who commit crimes at the bidding of their masters.—Retainers incur a lesser degree of criminal responsibility than does the master. They will be punished if the master cannot be punished. Sometimes both are punished.
82. Likelihood of punishment.—
(Continuation of illustration given above.) Z’s kinsmen of course decide to avenge his death. It is a general rule that all debts must be paid with liberal interest, the interest being at least equal to the debt. The debt of life is no exception to this rule. The kinsmen, whom we will call Q, R, S, T, and U, decide that, at least, they will kill A, the nungolat, and B, the tombok, and that if opportunity offers they will kill one or two of the others. They go to the vicinity of the village of A and B and lie in wait for them. They may do this a number of times. Finally we will suppose that they kill A. Their thirst for blood is somewhat appeased, and they may not pursue their first intention. But it would be the part of wisdom for B to be extremely cautious. Z’s kinsmen are likely to make an expedition or two to take his head.
On the other hand, suppose that A dies a natural death or falls in some other feud. The full likelihood of punishment now falls on B.
Suppose that B, H, and O walk past the place of ambush of the avengers. The latter will try to make sure of B, but will also try to kill the other two.
Suppose that B, like A, meets death in some other way than at the hands of Z’s avengers. C, D, E, F, G, H, I, and O are now equally likely to be punished.
In case several unsuccessful expeditions are made to secure the head of A and B, the avengers are likely to take a head or heads from some of the others rather than continually to place themselves in jeopardy by their expeditions into an enemy region. Especially is this true if the enemy’s village be distant. If the villages be near, it is probable that C, D, E, F, G, H, I, or O might walk past the ambush of the avengers at first with impunity, since the avengers are desirous of taking the heads of the principals, and do not want to put the principals on their guard by slaying those whose guilt is less.
83. Drunkenness and insanity in relation to criminal responsibility.—Except in the case of murder, drunkenness mitigates the severity of punishment, provided there be no evidence to show that the culprit became intoxicated with the intent to commit the crime, and provided he sincerely repents on becoming sober. Even insanity is not an alleviating circumstance in the case of murder; but it is one in all other crimes.